What is an APN and where do I find it for a California TOD Deed?

An APN (Assessor's Parcel Number) is a unique identifier assigned to real property by the county tax assessor. It appears on your property tax bill and can be found on the county assessor's website using your property address. It is required on the California TOD Deed to ensure it is recorded against the correct property.

Can I have multiple beneficiaries on a California TOD Deed?

Yes. Multiple beneficiaries take the property as tenants in common with equal shares unless you specify percentages. You can also name alternate beneficiaries who receive the property if a primary beneficiary dies before you.

Does a California TOD Deed override a will?

Generally, yes — for the specific property covered by the TOD Deed. The deed controls disposition of that real property regardless of what a will says about it. If you change your intentions, you must revoke the TOD Deed by recording a revocation deed.

How do I revoke a California Transfer on Death Deed?

Complete a revocation deed, sign it before a notary public, and record it with the county recorder in the county where the property is located. An unrecorded revocation has no legal effect — the property will still transfer to the named beneficiary at death.

What are the county recorder fees for a California TOD Deed?

Recording fees vary by county. In 2026, the per-page fee is approximately $21 in Los Angeles, San Diego, Orange, and Riverside counties, and $15 per page in San Francisco. Most TOD Deeds are 2–3 pages.

Important: This is a PLANNING document — set it up now, takes effect at your death. It is NOT an after-death affidavit. The TOD Deed must be recorded during your lifetime to be effective.

A California Transfer on Death Deed (TOD Deed) is a revocable document that transfers real property to a named beneficiary automatically at the owner's death, without probate. It is established under California Civil Code §5600–5696 (operative January 1, 2022 under AB 1052) and can be revoked any time before death.

Last updated July 2026. This information reflects California Civil Code §5600–5696 as operative under AB 1052 (January 1, 2022). Laws may change. Consult a licensed California attorney for advice specific to your situation.

California Transfer on Death Deed: How to Set One Up, Record It, and Revoke It

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Transfer on Death Deed — California

A Transfer on Death Deed (TOD Deed) allows you to designate a beneficiary who will receive your real property when you die, without going through probate. You set it up now, and it takes effect at your death.

Statutory authority: California Civil Code §5600–5696 (AB 1052, operative January 1, 2022)

What a California TOD Deed Is — and Why Searches for It Are Surging

A Transfer on Death Deed lets a California homeowner name who will receive their property when they die — without a will, without a trust, and without probate. The property transfers automatically upon death, recorded at the county recorder's office.

Search interest in California TOD Deeds increased roughly 900% year-over-year after AB 1052 made California one of the first large states to formally authorize revocable TOD Deeds for real property in 2022. Before that legislation, California homeowners who wanted to avoid probate typically needed a living trust (usually $2,000–$5,000 to create) or joint tenancy (which carries its own complications).

How It Differs from a Will and a Trust

Feature	TOD Deed	Will	Revocable Living Trust
Avoids probate	✓ Yes	✗ No	✓ Yes
Attorney required	Not required	Recommended	Strongly recommended
Cost to set up	~$15–$21 recording fee	$1,000–$3,000+	$2,000–$5,000+
Covers all assets	Real property only	All assets	All assets
Takes effect	At death	After probate	At death

Key Features of the California TOD Deed

No asset threshold

Can be used for any California real property, regardless of value. A $5 million home and a $200,000 rental both qualify.

Revocable until death

You retain complete ownership and control during your lifetime. Sell it, mortgage it, lease it — the beneficiary has no rights until you die.

Multiple beneficiaries allowed

Name more than one beneficiary (tenants in common, equal shares unless specified). Name alternates who take if a primary beneficiary predeceases you.

Must record within 60 days

Recording must occur within 60 days of notarization (Civil Code §5628). An unrecorded TOD Deed is ineffective — the transfer will not occur at death.

How to Complete a California TOD Deed

Gather what you need

Your full legal name as it appears on the current deed. Full legal name of your beneficiary. The Assessor's Parcel Number (APN) for the property (from your tax bill or county assessor website). The legal description of the property (from the current deed). The county where the property is located.

Complete the form

Fill in the grantor's full legal name, beneficiary name(s), property legal description, and APN. The deed must include statutory language under Civil Code §5642 stating the transfer is revocable and takes effect only at death.

Sign before a notary public

The grantor (property owner) must sign in the presence of a notary public. The beneficiary does not need to sign and does not need to be notified during the grantor's lifetime.

Record with the county recorder within 60 days

File the notarized TOD Deed with the county recorder in the county where the property is located. Pay the per-page recording fee. Must be recorded within 60 days of notarization. An unrecorded TOD Deed is ineffective.

California County Recorder Fees (2026)

County	Fee Per Page
Los Angeles County	$21
San Francisco County	$15
San Diego County	$21
Orange County	$21
Riverside County	$21

Most TOD Deeds are 2–3 pages. No documentary transfer tax is due on a TOD Deed during the grantor's lifetime.

How to Revoke a California TOD Deed

Complete a revocation deed — a document identifying the property and stating the TOD Deed is revoked

Sign before a notary public

Record with the county recorder — revocation is only effective upon recording. Telling your beneficiary or crossing out the deed has no legal effect.

Frequently asked questions

What if the beneficiary dies before I do? +

If the named beneficiary predeceases you and you have not named an alternate beneficiary, the TOD Deed fails and the property passes according to your will (or, if no will, by intestate succession). Name an alternate beneficiary to avoid this.

Does a TOD Deed override my will? +

Generally, yes — for that specific property. The TOD Deed controls the disposition of the real property it covers regardless of what your will says about it. If you want a different distribution after you sign a TOD Deed, you must revoke it or execute a new one.

What if I have a mortgage? +

The federal Garn-St. Germain Act protects against lender acceleration when property is transferred at death to an heir. Your lender generally cannot call the loan due because you died and the property transferred under the TOD Deed. However, the beneficiary should be prepared to either assume the mortgage (lender consent typically required) or refinance.

Can I have multiple beneficiaries? +

Yes. They take as tenants in common, each with an equal undivided share unless you specify percentages (e.g., 60% to one child, 40% to another). Co-owners must agree on management decisions after the grantor's death, which can create conflict.

What happens after I die — does the beneficiary get the property immediately? +

Not immediately. The beneficiary must wait 120 days (or until any will has been admitted to probate, whichever is later), then file an affidavit of survivorship with the county recorder along with a certified death certificate. The property is then recorded in the beneficiary's name.